Part 1: What is law of tort?, Main elements of tort, Types of tort
Part 2: Duty of care
Part 3: Loss caused by the breach
Part 4: Company act on the liability of auditor’s report, Remedies and defenses in negligence
1 What is law of tort?
Tort is a type of civil wrong which deals with the situation of person’s behaviour causing harm or loss to others
According to McCarthy and Cambron-McCabe, 1992 tort law offers remedies to individuals harmed by the unreasonable actions of others
2 Main elements of tort
Following conditions must be satisfied in order to be successful for tort
- There must be an act or omission by the defendant.
- The act or omission directly caused the damage to the claimant
- The court must able to established legal liability and source should not be remote ‘i.e. loss should be caused by the direct action of defendant and easily identifiable
3 Types of tort
There are following types of tort.
3.1 Trespass to the land
Trespass is a use of property or land without permission of owner of property.
e.g. Mr. A is trying to pocess the land of mister B without any legal implications.
3.2 Trespass to the person
It is intentionally harm or offensive contact with person having close relationship. e.g. when someone hit or kick to another person.
Assault is an intentional act of threatening someone. e.g. Putting gun on the head of another person.
Restraint someone in any bounded place for no or false reason.
It is a tort which causes to hurt someone’s reputation. e.g. politicians
It is a type of tort which causes to irritate someone through noise, smell and music.
It is simply defined as carelessness or when someone failed to meet his duties to which he is responsible.
Negligence is the breach of duty to take care which cause losses or damages to others.
Claimant has to prove following, for action against negligence to be successful
- The duty of care was owed by defendant.
- Defendant breached that duty
- Loss has suffered as a result of that breach
- Damage was not too remote.